RIO DE JANEIRO, June 29 (Reuters) - The former CEO of
retail giant Americanas, wanted in Brazil in
connection with a $4.5 billion alleged accounting fraud, was
free in Madrid, his lawyers said on Saturday, one day after his
arrest by Spanish police.
Miguel Gutierrez was included in Interpol's wanted list after a
Rio de Janeiro court issued an arrest warrant against him and
Brazilian police are seeking his extradition from Spain.
Gutierrez, who led Americanas for more than two decades until
December 2022, is being investigated in Brazil as part of a
probe into a 25.3 billion-real ($4.5 billion) alleged accounting
fraud that led the firm to file for bankruptcy in January 2023.
Gutierrez's legal defense team said in a statement he is at his
residence in Madrid at an address known to the Spanish and
Brazilian authorities and where "he has always been available to
the various bodies interested in ongoing investigations."
Spanish police said its organized crime unit had arrested
Gutierrez, wanted by Brazil through Interpol, for the crime of
"aggravated fraud".
His lawyers said he had never participated or known about
any fraud during his time running the retailer and will be able
to defend himself against the "allegations arising from false
statements regarding him."
Brazilian federal police sources told Reuters they have
started extradition proceedings for Gutierrez, though one
official familiar with the matter said extradition could be
difficult because Gutierrez has dual Brazilian and Spanish
citizenship.
Americanas, one of Brazil's largest online and
brick-and-mortar retailers, has long been controlled by three
Brazilian billionaires who founded 3G Capital - Jorge Paulo
Lemann, Marcel Telles and Carlos Alberto Sicupira.
The company last year had accused Gutierrez and half a dozen
other former employees of taking part in a fraud scheme.
The judge in Rio de Janeiro who ordered his arrest, as well
as the search and seizure of evidence in the homes of 14 former
Americanas executives, said in a warrant seen by Reuters that
police had provided convincing proof of insider trading and
market manipulation.
The executives under investigation fraudulently altered the
company's results to increase its share price, the judge wrote,
citing the police probe.
The judge added that when the revelation of alleged fraud
became imminent, Gutierrez sold shares worth 171.7 million reais
before the stock price plummeted.
Federal police investigators have called it "the biggest
fraud in the history of Brazil's financial market."